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ACE15 v Minister for Immigration and Border Protection [2017] FCA 1054

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MIGRATION - Protection (Class XA) visa - whether the primary judge erred in not finding that the Tribunal committed jurisdictional error - where the appellant's circumstances raised the prospect that he would be prosecuted under the Immigrants and Emigrants Act (Sri Lanka) - where the Tribunal found that the appellant would be fined and that he would be able to pay any fine - whether the Tribunal constructively failed to consider the claim by virtue of failing to take account of evidence that the appellant's family's financial circumstances had fundamentally changed - consideration of Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 - the Tribunal's failure was not so grave as to amount to jurisdictional error - whether the Tribunal's finding that the appellant could pay the fine was illogical or irrational - the Tribunal's finding was made according to a logical process of reasoning - whether the Tribunal failed to accord procedural fairness under s 425 of the Migration Act 1958 (Cth) - the relevant "issue" was identified by the Tribunal as being whether the imposition of a fine would amount to significant harm - the appellant had notice of, and opportunity to present submissions and evidence on, the issue - appeal dismissed

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